Research On The Criteria For Common Debt Determination Of Couples In Private Lending Cases

With the rapid development of the socialist market economy in our country,the bank credit funds has far cannot satisfy the needs of financial investment,private lending relies on its simple,flexible,and the advantage of rich resources for booming development,producing a large number of folk loan.Since 2004,when the implementation of the marriage law explanation,on the basis of article 24 of them,some of the debt was sentenced by the court as husband and wife together debt,the borrower spouse to be jointly liable for repayment,the resulting social contradictions.To this end,the supreme people's court promulgated judicial interpretation and supplementary provisions and notice to guide the similar case,academic scholars and even the judiciary judges have also put forward their own point of view,and trying to modify or rebuild the rules.This article obtains from the analysis of various kinds of views,back to the legislative background of the time,combined with the second transformation of folk lending and the form of social development,on the basis of the theory of jurisprudence,through the technology analysis and trade-offs,think about the folk lending cases rule of joint debts that should be done as follows: the appropriate reference system of housework agency,put a small debt(in appellate court is located one year total bureau per capita disposable income)within the loan,the creditor claims couple pay,although the debtor is the only one to sign,generally regarded as husband and wife together debt and personal debt unless there is evidence that the debtor;In case of loan cases other than small loans,the author favours the application of the joint signing system of the husband and wife,and only the person who has signed the contract shall be deemed to be the debtor's personal debt,except for the contrary evidence.In addition,the author demonstrates in detail the burden of proof that the creditor should bear the rights of the creditor from the jurisprudence,the technology,the ability and the advantages and disadvantages.